Lawson's Estate
Supreme Court of Pennsylvania
Appeal, No. 255, Jan. T., 1919, by The Albion Society of Philadelphia, from decree of C. P. Montgomery Co., Sept. T., 1916, No. 87, dismissing exceptions to auditor’s report in the Estate of Henry Lawson, Deceased. Exceptions to auditor’s report making distribution of balance of estate in hands of trustee. Before Solly, J. Before the auditor, The Albion Society of Philadelphia, an unincorporated society, claimed under the will one-half of the testator’s residuary estate.
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Appeal, No. 255, Jan. T., 1919, by The Albion Society of Philadelphia, from decree of C. P. Montgomery Co., Sept. T., 1916, No. 87, dismissing exceptions to auditor’s report in the Estate of Henry Lawson, Deceased. Exceptions to auditor’s report making distribution of balance of estate in hands of trustee. Before Solly, J. Before the auditor, The Albion Society of Philadelphia, an unincorporated society, claimed under the will one-half of the testator’s residuary estate. The auditor disallowed the claim on the ground that the bequest was a gift for a charitable use and void because the will…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Henry Lawson, who died October 17, 1868, leaving a widow, two daughters and a son, provided in his will, dated October 8, 1868, that, after the death of his wife and children, one-half of his residuary estate should be paid to the “Albion Sociéty of Philadelphia and their successors”; upon the decease of the life tenants, the trustees under the will filed an account, and, when it came up for adjudication, the Albion Society claimed one-half of the residuary estate; but the court below determined that the gift was a charitable bequest, and, since the will was…
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